Shankar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59010 of 2024 Arising Out of PS. Case No.-180 Year-2019 Thana- HISUWA District- Nawada ====================================================== Shankar Manjhi Son of Parmeshwar Manjhi @ Botal Manjhi R/O Vill.- Bhanail, P.S.- Akbarpur, Dist.- Nawada.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sheo Kumar Prasad, Advocate For the State :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-09-2024 Heard learned counsels for the parties.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

3. As per prosecution case, all the F.I.R. named accused persons, including this petitioner, abused and assaulted husband of informant, as a result of which he died. It is further alleged that this petitioner, along with co-accused Baldeo Manjhi, threw the dead body in house of informant.

4. It is submitted by learned counsel for the petitioner that from bare perusal of the F.I.R. it is apparent that specific accusation of assault is against other co-accused persons. So far as this petitioner is concerned, he is only alleged to have thrown the dead body in house of the informant and there is no

Patna High Court CR. MISC. No.59010 of 2024(2) dt.06-09-2024 2/2 allegation of any overt act against this petitioner. Petitioner is in custody since 07.04.2024. Moreover, similarly situated coaccused persons, namely Pintu Majhi and Bhojal Manjhi, have already been granted privilege of bail by this Hon'ble Court vide order dated 22.07.2021 passed in Cr. Misc. No. 9603 of 2021. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation, claim based on parity and period of custody, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VI, Nawada, in connection with Hasua P.S. Case No. 180 of 2019. (Prabhat Kumar Singh, J) shashank/- U T